House Deeds

[newmobile]

my deeds show that I own a piece of land next to my property which the council have fenced off. The council have told me that the land registry show the land belongs to them ? who is right my deeds or land registry?

[PansyGiraffe]

We cannot possibly tell you that!

When are your deeds from (assuming you are in England, quite surprised you have deeds these days since compulsory registration has been in force for a while - when did you buy the property? Is your own land registered? Have you seen the plan? Have you seen the Land Registry entry for yourself which the council say demonstrates it is theirs? When was the land registered?

The same land cannot be registered twice (unless there's an almighty cock up somehow) so one of you must be registered as owning it.

If your land is still unregistered (hasn't changed hands since 1990 or thereabouts?) and the council have registered it as theirs, you will need to see when this happened and check the title of the register - is it absolute or not? Have they essentially gained squatters rights over it and then registered it? If they've registered your land wrongfully you should be able to get this changed.

You need all the facts and then you can get to the bottom of it.

[PansyGiraffe]

(I say "one of you must be registered as owning it" it's possible neither of you are in theory if it's unregistered land, but that's unlikely if the council say it's registered to them.)

[MrsHulk]

In general, the land registry overrules deeds - because the deeds show a historical picture of land ownership, but land could have been sold off since.

However the council could be wrong, or the land registry could be wrong.

This is not a simple question at all! If you want the land, you need to see a solicitor and pay for full advice. They'll be able to check the land registry details, deeds etc and give you a proper answer.

Nobody on the Internet can possibly tell you!

[newmobile]

Thanks both I presumed my deeds had all the correct details anf all the info i would ever need. The council have sent me a transfer of land document and says it has always been theres. my deeds show a map with land I own and shows this land on there. I bought house 1988.

[prh47bridge]

It can't always have been theirs if it is on your deeds as being part of your property. You need to see a solicitor.

[MrsHulk]

Ok, first off depending on how old the deeds are it can be very difficult to correctly interpret the exact land boundaries and which land is included. This is partly because geography changes (eg a hedge was used as an identifying mark, but was then cut down), partly because old maps often aren't very accurate, and partly because inks fade - so the land the council say they own might be shown on your deeds but edged or shades in a different colour to indicate you don't own it and it might no longer be possible to see it.

Hope that makes sense! Nobody relies on deeds anymore because of these and lots of other problems. The land registry are experts in interpreting old documents and registering land appropriately, although of course they can make mistakes (in which case they correct them and/or compensate anybody affected).

In this situation I do think you need to see a solicitor who can look at the deeds, and the registration and give you advice.